Section 75 refunds - article discussion

Optimist

gormodo wrote: »

thanks Optimist
That was my point would an extension be regarded a single item or would separate bills & payments for say windows,
plumbing, electrics, decoration count as separate contracts for services even if through the same
builder. It may be that independent warranty is a better option and a different forum but
we wanted to see if there was any point in using a credit card at all.

In my opinion it would be counted as one item for the purposes of Section 75.

You would certainly have a fight on your hands with the card company if you mentioned that it was a part of an extension and I cannot see the Ombudsman backing you on that basis either.

MDSmithers

I fear not - but would like advice on this.

I 'won' a photographic session back in May with Skylite Makeover and was given an appointment in September. I changed this over the phone to 20th November and yesterday myself and three daughters duly turned up at the studios to find it abandoned. (letters in doorway etc.)

I had paid £180 as a deposit to ensure we attended (£45 each) and was assured I could reclaim this after the session.

I paid the deposit with my Nationwide VISA card.

Should I try to claim ?

I have nothing in writing to back up yesterdays appointment. Just the September one.
I don't know when the company ceased trading, though their website is still up.
As I paid for 4 people, does it count as being over £100 ?

I have taken photographs of the letters in the hallway and still have my visa receipt.

Should I try and go ahead with this or chalk it up to experience?

jayyou

Hi,
First time I've posted on here - I always thought I was was too savvy to fall for an internet scam ...
I'm wondering if I can make a Section 75 claim for an iPhone that turned out to be 'cloned' ? The website 'ipodnano5gsale.com' promised me a refurbished, "Brand new iphone4 16GB sealed factory unlocked from apple with full warrantee" - I bought the phone in good faith as they said on their web site that they were owned by an English company who specialised in refurbishing goods - (this I later found out to be untrue !) Alarm bells started to ring when a package from China turned up ! However, not only did they take more than the £259 that they originally asked for (they charged me more due to exchange rates - but nowhere did they state this), but they also failed to mention it was actually going to be a poorly made Chinese knock-off version of the iphone4. It just about works as a phone but I had no end of trouble trying to set the phone up and emailed the company several times asking for help with trying to connect to iTunes and was fobbed off with badly answered replies - When I asked for a refund, I didn't hear another word from them - funny that isn't it ?? Although I am (un)lucky to have received a 'phone' from them, since then I've researched on-line only to realise I've been scamed & some people haven't recieved a thing from them - Please BE WARNED if trying to google for a cheap iPhone deal !!
Basically - I would like to know if I can make a claim as the item is counterfeit i.e. Not as fully described on their web site & whether it matters that they are based in China ?
Thanks in advance
:mad:

Nutty_Tart

Hi, I wonder if someone can help? I put in a S75 claim back in June for associated costs relating to a car I purchased (£800 deposit on c card). The engine went one week before the supplier warranty ran out. The garage I bought the car from would not speak to me at all and did not provide a temporary vehicle whilst mine was in the garage, so I had to purchase a little run around to get work etc etc. They eventually paid for a new engine to be put in my car, but have completely ignored my associated costs, hence the S75 claim. The claim is with my Halifax mastercard. I was just wondering how long these things take. I put the claim in after my efforts with the garage have failed - they just didn't respond. I think they thought I was going to go away. Halifax have repeatedly asked for information (which was in my original claim letter!), and the last I heard it was going to management for a decision - this was at the end of October. I want to chase them up and would like my costs refunded (together with all interest accrued as I deliberately paid via c card so they could easily access the information), but don't want to come accross as a 'waggly finger' claim type person iyswim? The longer it goes on, the more expensive it gets with additional interest etc etc.... and I think its been going on long enough now.
Thanks in advance for any help.
NTx

MarkP80

Hi,

I'm having a large conservatory built, the total cost of which is almost £40,000.
This is obviously above the £30,000 limit. There is only one supplier for the whole amount. I paid the original deposit on my card, but didn't realise until reading this there was an upper limit.
Anyone have any suggests as to how I might be able to protect myself shoudl the supplier go into liquidation (or some such thing)?

Thanks,
MarkP

bride2be12

Hi - this is my first post but have long been a user of MSE for invaluable advice re PPI reclaims and other issues.

My tale of woe is this - in January my fiance and I bought a diamond from a vendor in the diamond district in New York. They set the stone for us and all was well, for a while at least. About 4 months ago I was aware that the stone seemed to be loose - I could hear it rattle so I took it to a jeweller to have it reset. They refused to do it because the stone was clarity enhanced and the heat etc used in resetting could cause the stone to shatter. I was devastated - this was the first I knew of the stone being clarity enhanced so my fiance and I checked the paperwork. On the grading certificate, albeit in very small print (and not given to us until we had concluded the purchase) was confirmation that the stone was clarity enhanced. We felt a little annoyed about this but I loved the stone and the ring as something we had bought together to mark our engagement and because it was not something I would ever sell, we didn't pursue it at this stage. Then the stone fell out - onto my desk at work fortunately - so it needed to be reset. Again I took it to a jeweller who again said they were not prepared to do it. By this time the appearance of the stone had also altered dramatically and it seemed to have a very obvious crack in the middle and was almost grey in colour. I complained to the vendor by email and requested a refund. They refused - their policy was exchange or repair only and they denied that we weren't told about the stone being clarity enhanced when we bought it. They actually got quite aggressive and at one point telephoned me and threatened to sue me!

It was clear that we were going to make no progress with the vendor and so we looked to s75 as my fiance paid on his Halifax credit card. They asked for a report on the stone which we obtained at our own expense. The report confirmed that the enhancement had failed and that the stone could not be repaired.

We have now had a response from the Halifax essentially saying that they cannot make a determination about whether we were told about the enhancement or not and therefore they will not proceed with our claim and we are advised to sue either them or the vendor if we want to take this further.

I think that they are wrong in law - leaving aside what we were or were not told, the fact is the diamond is now faulty and beyond repair and as such our claim under s75 should be allowed.

However I am of course biased as this is my engagement ring so would welcome an independent view - do you think we (when I say we I mean my fiance as the ring was bought on his card) have a valid claim under s75?

Many thanks in advance (and apologies for the long rambling first post!). Apologies also if this is in the wrong place!

B2B12

Optimist

bride2be12 wrote: »

We have now had a response from the Halifax essentially saying that they cannot make a determination about whether we were told about the enhancement or not and therefore they will not proceed with our claim and we are advised to sue either them or the vendor if we want to take this further.

B2B12

Without going into the rights and wrongs of your claim Halifax missed an option and that is to go through their complaints process and then onto the Ombudsman if the complaints process finds against you.

jmcdyre

Hi All
Anyone help here?
I bought an ASUS K52F Laptop from Tesco Direct early October. There was a fault with the keyboard, and tesco refunded £60 back to tesco credit card, as I was happy to fix it if need be (I didn't).
Anyway, since, the laptop has more problems: 1) it randomly freezes and can only be reset by removing the battery; 2) the wireless adapter constantly drops signal; 3) the trackpad is awful, not sure if it's faulty or just poor quality.
Having agreed a refund with Tesco they have phoned this morning to say I needed to talk to their electrical helpline who say because I've had it for more than 28 days I need to send it back so they can get Asus to examine it, and are refusing to refund anything until Asus find/fix any faults.
Do I really need to do this or can I just claim my money back from Tesco Credit Card under s75?
More than anything I can't be bothered to wait while they try to get Asus to examine it, I just want my money back and buy a decent laptop.
Thanks guys, J

derrick

jmcdyre wrote: »

Hi All
Anyone help here?
I bought an ASUS K52F Laptop from Tesco Direct early October. There was a fault with the keyboard, and tesco refunded £60 back to tesco credit card, as I was happy to fix it if need be (I didn't).
Anyway, since, the laptop has more problems: 1) it randomly freezes and can only be reset by removing the battery; 2) the wireless adapter constantly drops signal; 3) the trackpad is awful, not sure if it's faulty or just poor quality.
Having agreed a refund with Tesco they have phoned this morning to say I needed to talk to their electrical helpline who say because I've had it for more than 28 days I need to send it back so they can get Asus to examine it, and are refusing to refund anything until Asus find/fix any faults.
Do I really need to do this or can I just claim my money back from Tesco Credit Card under s75?
More than anything I can't be bothered to wait while they try to get Asus to examine it, I just want my money back and buy a decent laptop.
Thanks guys, J

They are quite within their rights to do as they state, it needs to be checked that it is not user damage, they are acting within the SoGA and attempting a remedy as they are required to do within 6 months of purchase under SoGA, it will then be up to them to either repair, replace or refund.

Tesco credit will do nothing at this stage, as the retailer is acting responsibly under the terms of SoGA.


.

jmcdyre

Thanks Derrick, is there a reasonably amount of time they're allowed to keep it for - that's my main concern I actually need a laptop and would find it difficult to be without it for any more than a couple of days!